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Majelis: Jurnal Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 3063380X     EISSN : 063380X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyajikan artikel-artikel yang mencakup berbagai aspek hukum, mulai dari hukum perdata, pidana, administrasi negara, bisnis, lingkungan, hingga hukum internasional yang relevan dengan Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 130 Documents
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Dimensi Hukum Pelayanan Publik Digital: Analisis Yuridis Aplikasi Sigap Lapor Bawaslu dalam Perspektif Kepastian Hukum Andi Nurhaerurrijal Amin; Muhammad Aini
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1729

Abstract

The Election Supervisory Agency of the Republic of Indonesia (Bawaslu) has utilized advancements in information technology through the launch of the Election Violation Handling Information System (Sigap Lapor) as a public service innovation aimed at improving public access to electoral justice. This application is expected to facilitate the reporting of alleged election violations in a faster, more effective, and transparent manner. However, the implementation of Sigap Lapor at the regency and municipal Bawaslu levels has raised several constitutional law issues, particularly regarding the fulfillment of citizens’ constitutional rights to fair and equal public services. This study aims to analyze the public service law dimensions of Sigap Lapor and examine the relationship between the principles of technological accessibility and legal certainty in election violation handling mechanisms. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the use of Sigap Lapor still leaves a legal vacuum, especially concerning the certainty of reporting deadlines when system failures occur on the central server. Furthermore, fully digital reporting requirements have the potential to discriminate against communities with limited access to technology and inadequate digital literacy. Therefore, synchronization and revision of Bawaslu regulations are necessary through the development of new electronic operational standards that include system failure mitigation mechanisms to ensure the protection of constitutional rights and legal certainty for election violation reporters.
Pertanggungjawaban Pidana Anggota Militer atas Tindak Pidana Femisida dalam Perspektif Hukum Pidana dan Putusan Pengadilan Militer Neng Anisa Fitri Nurdiani; Tanti Kirana Utami; Mumuh M Rozi
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1793

Abstract

Femicide is the most extreme form of gender-based violence because it results in the loss of women's lives due to power relations, domination, and gender inequality. This phenomenon has become a serious issue, particularly when committed by military personnel who are responsible for maintaining discipline, upholding institutional honor, and protecting society. This study aims to analyze the factors causing femicide, the forms of criminal liability of military personnel under general criminal law and military criminal law, and the judges' considerations in imposing criminal sanctions based on Military Court Decision Number 11-K/PM.I-06/AL/IV/2025. This research employs a normative juridical method using statutory, literature, and court decision approaches with a descriptive-analytical nature. The findings indicate that femicide is influenced by personal, situational, and patriarchal cultural factors that place women in vulnerable positions. Criminal liability for military personnel is not only based on general criminal law but also on military criminal law, which emphasizes discipline, hierarchy, and institutional honor. In the case examined, the perpetrator was sentenced to life imprisonment and an additional sanction of dismissal from military service. This study emphasizes the importance of firm, fair, and gender-sensitive law enforcement to strengthen the protection of women and maintain the integrity and honor of military institutions.
Perlindungan Hukum bagi Pembeli Lelang atas Objek Lelang Eksekusi Hak Tanggungan yang Tidak Dapat Dikuasai : Studi Putusan Pengadilan Nomor 93/Pdt.G/2023/PN Kdi Sari Asmaul Husna
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1846

Abstract

The execution auction of Mortgage Rights is a legal mechanism that enables creditors to recover outstanding debts by selling collateral through a public auction. Purchasers who acquire auctioned property in good faith are entitled to legal protection over their ownership rights. However, in practice, many auction purchasers face difficulties in obtaining physical possession of the property due to continued occupation by previous owners or competing ownership claims. This issue is reflected in District Court Decision Number 93/Pdt.G/2023/PN Kdi. This study aims to analyze the legal protection available to purchasers of Mortgage Rights execution auction property that cannot be physically possessed. The research employs a normative legal method using statutory and case approaches, with qualitative analysis of relevant legal materials. The findings indicate that purchasers who lawfully acquire auctioned property and act in good faith are entitled to preventive and repressive legal protection through both non-litigation and litigation mechanisms. In District Court Decision Number 93/Pdt.G/2023/PN Kdi, legal protection was realized by recognizing the auction purchaser as the lawful owner, affirming the validity and binding legal force of the Minutes of Auction, rejecting claims inconsistent with the purchaser’s rights, and ordering the vacating and surrender of the property. The study concludes that effective legal protection is essential to ensure that auction purchasers obtain not only legal recognition of ownership but also actual possession of the auctioned property, thereby strengthening legal certainty and justice in the execution of Mortgage Rights auctions.
Perbandingan Hukum Pelayanan Publik Indonesia dan Malaysia dalam Tata Kelola Pemerintahan Ratih Pandan Sari; Fahrunnisa Fahrunnisa; Muhammad Ihsan Hanifa; Teguh Widodo; Harisnor Harisnor; Indah Dewi Megasari
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1860

Abstract

Public service constitutes one of the principal indicators in achieving good governance. The state bears a constitutional obligation to guarantee citizens' rights to accessible, transparent, accountable, effective, and high-quality public services. Indonesia and Malaysia, as neighboring Southeast Asian countries with legal systems influenced by both common law and civil law traditions, demonstrate different approaches to regulating and implementing public service governance. This study aims to examine the similarities and differences between Indonesian and Malaysian public service regulations, evaluate their implementation, and formulate recommendations for strengthening Indonesia's public service system. The research employs normative legal research using statutory, conceptual, and comparative legal approaches. Legal materials consist of legislation, legal doctrines, scholarly publications, and previous studies, which are analyzed qualitatively. The findings indicate that Indonesia has a comprehensive legal framework but continues to face challenges related to bureaucratic complexity, regional disparities in service quality, fragmented digital governance, and limited performance evaluation. In contrast, Malaysia has established a more integrated administrative framework through digital government services, streamlined procedures, strong institutional coordination, and performance-based management. The study concludes that Indonesia should strengthen public service reform through integrated digital transformation, regulatory simplification, institutional coordination, civil servant capacity building, and performance-oriented evaluation while adopting relevant best practices from Malaysia.
Etika sebagai Fondasi Integritas Penyelenggara Pemilu dalam Mewujudkan Demokrasi yang Berkepercayaan Ratih Pandan Sari
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1861

Abstract

A democratic election is determined not only by the quality of its legal framework and electoral administration but also by the integrity and ethical conduct of election organizers as the executors of the people's sovereignty. This study aims to analyze the role of ethics as the foundation of the integrity of election administrators in promoting a trustworthy democratic system and to examine the effectiveness of the role of the Honorary Council of Election Organizers (Dewan Kehormatan Penyelenggara Pemilu/DKPP) in enforcing the code of ethics for election administrators in Indonesia. This research employs a normative juridical method using statutory, conceptual, and library approaches through the analysis of Law Number 7 of 2017, DKPP Regulation Number 2 of 2017, DKPP decisions, and relevant literature on ethics, integrity, and law enforcement. The findings indicate that ethics serves as the moral foundation guiding the conduct of election administrators, while integrity represents the practical implementation of ethical values in carrying out their duties, authority, and responsibilities. DKPP functions as a quasi-judicial institution authorized to examine, adjudicate, and impose sanctions for violations of the code of ethics in order to uphold the honor, independence, and professionalism of election administrators. Although the existing regulatory framework is relatively comprehensive, ethical violations continue to occur. Therefore, strengthening ethical awareness, internal supervision, professional capacity, and consistent enforcement of sanctions is essential to enhance public trust and to realize a high-quality democratic electoral system in Indonesia.
Etika Profesi Hukum dalam Pelaksanaan Tugas Pengawas Perdagangan di Bidang Metrologi Legal Fahrunnisa Fahrunnisa
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1870

Abstract

Trade Supervisory Officers in the field of Legal Metrology perform dual functions as technical inspectors and Civil Servant Investigators (PPNS), requiring high standards of professional legal ethics due to the risk of abuse of authority and the economic impact of metrology supervision. This article examines the legal framework governing their professional ethics and the mechanisms for enforcing ethical violations. The study employs normative legal research using statutory, conceptual, and historical approaches. The findings indicate that the ethical framework is regulated through Law Number 20 of 2023 on State Civil Apparatus, Government Regulation Number 42 of 2004 on the Code of Ethics for Civil Servants, Government Regulation Number 94 of 2021 on Civil Servant Discipline, and Law Number 2 of 1981 on Legal Metrology. However, the framework remains inadequate because it lacks a specific code of ethics addressing the unique ethical challenges of the position. Enforcement of ethical violations is conducted through three channels: internal administrative mechanisms via the Code of Ethics Honor Council, external oversight by the State Civil Apparatus Commission (KASN), and criminal law enforcement under the Legal Metrology Law and Anti-Corruption Law. Nevertheless, these mechanisms remain constrained by institutional bias, the non-binding nature of KASN recommendations, unclear coordination between PPNS and the Police, and limited whistleblower protection. The study recommends establishing a dedicated code of ethics, strengthening KASN's authority, and developing a proactive oversight system supported by effective whistleblower protection to enhance ethical governance and accountability in Legal Metrology supervision.
Analisis Yuridis Rekrutmen Bakal Calon Presiden dan Kepala Daerah dalam Penerapan Sistem Merit pada Proses Seleksi Partai Politik Angie Angel Lina; Marlia Hafny Afrilies; Pujangga Candrawijayaning Fajri
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1887

Abstract

The existence of political parties in Indonesia requires political recruitment as a democratic and transparent mechanism for selecting prospective leaders, as regulated in Article 29 paragraph (2) of Law Number 2 of 2011 on Political Parties. However, recruitment practices still face challenges due to the absence of a merit system, which may encourage nepotism, transactional politics, and clientelism. This study aims to analyze the regulations on presidential and regional head candidate recruitment under the Political Parties Law and the statutes of eight political parties that obtained more than 10 million votes in the 2024 General Election, while examining their conformity with merit system principles. This research uses a normative legal method with primary legal materials consisting of Law Number 2 of 2011 and party statutes. The results show that all parties implement tiered cadre development, but merit principles have not been consistently applied. PKS explicitly includes integrity, capability, and professionalism criteria, while other parties show varying degrees of internalization. The nomination mechanisms indicate centralized patterns in PDIP, Gerindra, NasDem, and Partai Demokrat, while Golkar and PAN apply more collective approaches. The study recommends reforming party recruitment governance through legal revisions and integrating merit-based selection principles into party statutes.
Perbandingan Sistem Hukum Indonesia dan Amerika Serikat dalam Menunjang Keberlakuan Asas-Asas Peradilan di Era Digital Yusandi Rakhman; Ahmad Sauki; GT.Imanuddin; Indah Dewi Megasari
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1912

Abstract

The rapid advancement of information and communication technology has significantly transformed judicial systems across many countries. The integration of digital technology into judicial administration has become essential to improve the effectiveness, efficiency, transparency, and accessibility of legal services. Indonesia, which follows the civil law tradition, and the United States, which adopts the common law system, demonstrate different approaches to incorporating digital innovation within their respective judicial frameworks. This study examines and compares the legal systems of both countries in supporting the implementation of fundamental judicial principles in the digital era, including the principles of simple, prompt, and affordable justice, judicial transparency, judicial independence, and equal access to justice. The research employs a normative legal method using statutory and comparative law approaches. The analysis reveals that Indonesia has continuously strengthened judicial digitalization through the implementation of the e-Court and e-Litigation systems administered by the Supreme Court. In contrast, the United States introduced judicial digitalization at an earlier stage through the Case Management/Electronic Case Files (CM/ECF) and Public Access to Court Electronic Records (PACER) platforms. Despite the differences between their legal traditions, both countries demonstrate that digital technology can effectively reinforce the realization of modern judicial principles. However, several issues, including cybersecurity, unequal technological infrastructure, and the protection of litigants' rights, remain significant challenges. Accordingly, continuous improvement of digital governance, legal regulations, and technological infrastructure is necessary to establish a fair, effective, and sustainable judicial system in the digital age.
Sinkronisasi Norma Living Law dalam Pasal 2 UU Nomor 1 Tahun 2023 dengan Asas Legalitas Formal Riska Aulia Firdausi; Abdul Basith Junaidy
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1997

Abstract

The enactment of Law Number 1 of 2023 on the Indonesian Penal Code (the New Penal Code) introduces a normative tension between the formal principle of legality in Article 1(1) and the recognition of living law in Article 2(1). This tension is significant because the New Penal Code delegates the operationalisation of living law to Regional Regulations (Perda), which risk freezing the dynamic character of customary law and creating legal disparity across regions if left unsynchronised with the principle of legal certainty. This study aims to analyse the point of normative conflict between formal legality and living law, and to formulate ideal parameters for drafting Perda that accommodate living law as a basis for criminal liability. Using normative (doctrinal) legal research with statute, conceptual, and analytical approaches, the study draws on Gustav Radbruch's theory of legal certainty and Eugen Ehrlich's sociological jurisprudence to interpret Article 2 of the New Penal Code. The findings show that the antinomy can be mitigated when living law is positioned as a complementary rule with a declaratory function, rather than as a rule that negates formal legality. This parameter has been partly operationalised through Government Regulation Number 55 of 2025 on the Procedures and Criteria for Determining Living Law, yet its success still depends on consistent vertical and horizontal harmonisation of Perda and on the protection of human rights. The study implies that technical guidelines, a national customary-law database, and capacity building for local legislators and law enforcement officers are necessary to ensure that the recognition of living law strengthens, rather than undermines, legal certainty in Indonesia's national criminal law system.
Penguatan Legal Reasoning sebagai Pilar Profesionalitas Profesi Hukum Notaris Adinda Sophientia Ashfahany
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1999

Abstract

As a public official, a notary plays a strategic role in providing legal certainty and protection through the drafting of authentic deeds. This position demands a level of professionalism rooted not only in a mastery of laws and regulations but also in the capacity for legal reasoning—enabling the notary to identify facts, interpret norms, construct arguments, and make legal decisions rationally and responsibly. This article aims to analyze the importance of strengthening legal reasoning as a pillar of notary professionalism while identifying the challenges associated with its practical implementation. Theoretically, legal reasoning is viewed as the link between legal competence and professional action, whereas notary professionalism requires an integration of competence, independence, integrity, prudence, and professional ethics. This study employs a normative research method, utilizing both statutory and conceptual approaches through an analysis of primary and secondary legal materials. The findings indicate that strengthening legal reasoning is crucial for preventing overly formalistic notarial practices, enhancing the quality of legal deliberations, and minimizing the risk of errors and professional misconduct. However, implementation faces several challenges: the gap between legal norms and actual practice, inconsistent ethical understanding, limited access to legal training, a curriculum that remains heavily theory-oriented, significant costs, and pressure from the parties involved. Consequently, there is a need to bolster legal reasoning education and training, foster continuous ethical development, and implement preventive oversight to cultivate a standard of notary professionalism grounded in reasoned professional judgment.

Page 13 of 13 | Total Record : 130

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